In exercise of the powers conferred by section 38 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely: -

PRELIMINARY

1. Title and application. -

(1) These rules may be called the Industrial Disputes (Central) Rules, 1957.

(2) They extend to Union territories in relation to all industrial disputes and to the States in relation only to an industrial dispute concerning-

(a) Any industry carried on by or under the authority of the Central Government or by a railway company; or

(b) A banking or an insurance company, a mine, an oilfield, or a major port; or

(c) Any such controlled industry as may be specified under section 2(a)(i) of the Act by the Central Government:

1[x x x]

1. Proviso exempting the State of Jammu & Kashmir from the application of the rules, Omitted by Notification No. G.S.R. 795, dated 5th June, 1972.

2. Interpretation. -Inthese rules, unless there is anything repugnant in the subject or context-

(a) “Act” meansthe Industrial Disputes Act, 1947 (14 of 1947);

(b) “Chairman” means the Chairman of a Board or Court or, if the Court consists of one person only, such person;

(c) “Committee” means a Works Committee constituted under subsection (1) of section 3 of the Act;

(d) “Form” means a form in the Schedule to these rules;

(e) ‘Section’ means a section of the Act;

(f) In relation to an industrial dispute in a Union territory, for which the appropriate Government is the Central Government, reference to the Central Government or the Government of India shall be construed as a reference to the Administrator of the territory, and reference to the Chief Labour Commissioner (Central), Regional Labour Commissioner (Central) and the 1[Assistant Labour Commissioner (Central)] shall be construed as reference to the appropriate authority, appointed in that behalf by the Administrator of the territory;

2[(g) with reference to clause (g) of Section 2, it is hereby prescribed that-

(i) In relation to an industry, not being an industry referred to in sub-clause (ii), carried on by or under the authority of a Department of the Central or a State Government, the officer-incharge of the industrial establishment shall be the ‘employer’ in respect of that establishment; and

(ii) In relation to an industry concerning railways, carried on by or under the authority of a Department of the Central Government,-

(a) In the case of establishment of a Zonal Railway, the General Manager of that Railway shall be the ‘employer’ in respect of regular railway servants other than casual labour;

(b) In the case of an establishment independent of a Zonal Railway, the Officer-in-charge of the establishment shall be the ‘employer’ in respect of regular railway servants other than casual labour; and

(c) The District Officer-in-charge or the Divisional Personnel Officer or the Personnel Officer shall be the ‘employer ‘in respect of casual labour employed on Zonal Railway or any other railway establishment independent of a Zonal Railway.]

1. Subs. by G.S.R. 1182, dated 19th October, 1959.

2. Subs. by G.S.R. 1182, dated 19th October, 1959.

PART I

PROCEDURE FOR REFERENCE OF INDUSTRIAL DISPUTES TO

BOARDS OF CONCILIATION, COURT OF ENQUIRY, LABOUR

COURTS, INDUSTRIAL TRIBUNALS OR NATIONAL TRIBUNALS

3. Application. -Anapplication under sub-section (2) of Section 10 for the reference of an industrial dispute to a Board, Court, Labour Court, Tribunal or National Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered post 1[to the Secretary to the Government of India in the Ministry of Labour and Employment (in triplicate)] the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central), and the Assistant Labour Commissioner (Central) concerned. The application shall be accompanied by a statement setting forth-

(a) The parties to the dispute;

(b) The specific matters in dispute;

(c) The total number of workmen employed in the undertaking affected;

(d) An estimate of the number of workmen affected or likely to be affected by the dispute; and

(e) The efforts made by the parties themselves to adjust the dispute.

1. Subs. by G.S.R. 811, dated 3rd July, 1959.

4. Attestation of application. -The application and the statement accompanying it shall be signed-

(a) In the case of an employer by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the Corporation;

(b) In the case of workmen, either by the President and Secretary of a trade union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;

1[(c) In the case of an individual workman, by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf:

Provided that such workman is not a member of a different trade union.]

1. Ins. by G.S.R. 1959, dated 30th May, 1968.

5. Notification of appointment of Board, Court, Labour Court, Tribunalor National Tribunal. - The appointment of a Board, Court, Labour Court, Tribunal or National Tribunal together with the names of persons constituting the Board, Court, Labour Court, Tribunal or National Tribunal shall be notified in the Official Gazette.

6. Notice to parties to nominate representatives. -

(l) If the Central Government proposes to appoint a Board, it shall send a notice in Form B to the parties requiring them to nominate within a reasonable time, persons to represent them on the Board.

(2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated company or a body corporate, to the agent, manager or other principal officer of such company or body.

(3) The notice to the workmen shall be sent-

(a) In the case of workmen who are members of a trade union, to the President or Secretary of the trade union; and

(b) In the case of workmen who are not members of a trade union, to any one of the five representatives of the workmen who have attested the application made under rule 3; and in this case a copy of the notice shall also be sent to the employer who shall display copies thereof on notice boards in a conspicuous manner at the main entrance to the premises of the establishment.